Good night Tilly

I like Orange so much. I bought the company. I am now the proud owner of this.

Snap - I win.

If you follow Lee's instructions here, I am sure he will sort it for you. Or if Lee is unavailable, Kirsty.

What browser are you using, works fine for me. The word next to bailiffs did make me laugh by the way.

I agree, my CRA id trashed anyway. But if you don't ask you don't get.

I agree re the default, someone else on here is doing this at the moment and it has already been submitted and Cap One has so far issued a defence. Whether or not they give in before court we don't know. If they do, then that is the POC's that I shall use. Either way, I need to wait until at least 31st August before I even issue the summons, so the 14 days I have given them will cover that time period anyway. I will say one thing though, they didn't offer me a particularly low refund initially which is what I was expecting from them. Obviously the template I modifed and then sent did the job re the £12 difference that Cap One normally send out type letter.

Hi Diddy Initially I was going to try the chepaer alternative of a low F&F as the agreement imho is unenforceable. Taking them to court is pointless on that score, as we all know. I was then holding out for the fact that I could counterclaim if CQ started action anyway, 1) The faulty agreement 2) Because I knew they owed me a refund of the charges etc However, it is quite apparent especially, due to the amount of the refund and the CI and Stat Interest, that my best course of action is to actually pay off what they say I owe and then get a refund of the balance back to me. I wasn't sure initially of how much I actually was due, although I did initially manage to negotiate over a 50% settlement with CQ anyway. I still think that I should try for the default removal at the very least though, as the default amount did include over 50% of it anyway, unlawful charges.

It shouldn't make any difference whatsoever.

Hi totiesquoties No worries, I know things take time, but I just wanted Webby to know the issues are there that I listed. Plus others can also see, and then realise it is not just them, or their PC or the Internet playing up. It will be worth it in the end once all the issues are sorted, I agree.

£3000 ish plus the costs of your missing items would be fair I think. WBDFS would have got you more though. She's like the lawyer Tom Cruise played in the film A few Good Men. Now aptly remade for CAG - A Few Good Women.

Not being funny but that is like teaching granny to suck eggs. The issue is with this site and this site only. There was even a vBulletin databse error earlier, Webby should have logs for that in the form of emails, as they are normally generated automatically. If the search index is being redone, that would explain some of the slow down granted, but it is dfinitely on this site and not a user's PC so no amount of refreshing would solve it. The only time the refresh would work is when the site responds and shows itself within that person's browsers.

Send CapQuest a CCA request with the £1 while they deal with that it would hold any legal action. Once CapQuest fail to send the CCA request within the 12+2 days (they will never be able to as you know it doesn't exist) then send them the letter above. That should hold out for you for a couple of months.

Sorry to be the bearer of bad news, if you are a company, installments would not be allowed. ie You offering to pay them at x amount per month, unless they agree to it. The court would not as it is not a personal debt. If you get a CCJ and can pay it off within the 28 days, then you can get a certificate of satisfaction and it would also be removed from your credit file. Be careful though, as some creditors would send in a HCEO within a few days of obtaining a CCJ against you. If you know you can pay the debt in full within a couple of weeks, speak to the company and ask them to hold off taking any further action subject to the payment being made on x date. Some companies would do this others may not.

Your bank account would be frozen. As long as there is not a lot of money in there, then the OR (after you telling him / her) would send a fax to your bank, allowing you to access the funds within that account, for basic living expenses. If you have significant monies in that account the OR may not do so. Whoever is bankrupt is allowed to open a new account anytime after the date of bankruptcy, the only bank that will allow a bankrupt to open an account is the Co-Op and you cannot apply for it online, you have to ring them up. Any accounts opened before the date of bankruptcy would be likely to become frozen as soon as the bank finds out about it. You would get a leaflet from the OR once he takes over (as in when the court tell him) and that leaflet clearly states that you can open a new basic account, without the permission of the OR and you do not even have to tell the OR unless he asks about it. However, not many banks would allow you to continue banking with them if you are bankrupt, so they would probably close the account anyway, unless you can remove the person who is bankrupt off the joint account. They normally write to you giving you 21 days to empty the account and then close it. As for a joint account I am not sure if that is also the case.

Something is seriously wrong with the site at the moment. 1) It is taking an age to view new posts / timing out, etc etc 2) Posts are not showing having posted, and then confirmed (by reading that post) at the end of the thread that you have posted. Although it then shows after some time. 3) I have just posted a reply, and it accepted it, then dumped me back to a screen with the advanced reply having started off in the quick reply section 4) All of the posts before the upgrade appear to be unfinadable in your control panel or by looking at a person's profile. 5) Looking at vB website, you may need to rebuild the post count after upgrading, in case you haven't done so yet. Which may help with number 4) I fully appreciate the amount of work that you are doing behind the scenes, but the site is pretty hard to use now, as it is.

tbh I would probably just sign it and send it back. Although people say not to, on a SAR they do not have to budge or comply until they are satisified it is you. Even if you complained to the ICO after about 3 years the ICO would agree with the OC If the agreement that you have is signed anyway and there is nothing wrong with it, then you may as well just sign it, but add a line or a couple of dots to see if it has been used in the future.

Hi Slick I have already sent the letter this afternoon, so I think I will wait for the 14 days to see what happens. If nothing then, it's a court claim without further warning. I did offer them a slightly lower 'Without prejudice' settlement figure. They would save a substantial amount if they choose to accept this lower amount and then settle. See you in 2 weeks on this thread. I'll bring some Coke and popcorn for us all. (and some Vodka or Bacardi)

Hello all, Tomorrow is the day that I want to file a claim against Cahoot in my local county court. I need a little help if possible on filling in the POC's etc Some background: I SAR'ed Cahoot and got a full list of charges, these totalled £350 ish from 2005 until present day I wrote to Cahoot, giving them 14 days to respond and come to an agreement. My figure asked for was £900 ish - This included the charges, Contractual Interest, and Stat Interest I again wrote to Cahoot with a LBA in June Cahoot wrote to me and offered me £400 ish in Final Settlement in June Cahoot then sent me a cheque for £400 in final settlement in June, of which I have not banked as I thought it may weaken my case. I rang Cahoot and told them that I would send this cheque back as I did not accept their final offer. I also offered them the chance to refund the whole amount I was claiming off my outstanding balance. Cahoot declined. Therefore, I now feel that I have given them every opportunity to resolve this and I have no other option but to enforce what I have threatened to do. I have absolutely nothing to lose by doing so and I am fully prepared to go all the way with them at Court. So, what is the best way to achieve the N1 correctly filled in for the claim that I wish to go for? Any help would be greatfully received.

Hi Slick I have sent off the LBA mentioning the fact that I want all the charges back, plus CI and Stat Interest, and that any charges over 6 years old, I am claiming back as per s.32 Limitation Act 1980 on the basis that I did not realise until recently that the penalty charges levied against myself were unlawful. Not holding out too much as I have just realised their letter stated it was a final response.

Hi Slick OK - I will do a LBA tomorrow. The only thing that worries me is the fact some of the charges are over 6 years old. What would be my arguement to justify those ones? Yes - I have only not really done anything so far, because I was holding it for a counterclaim in case CapQuest started any action. I am fairly sure that the agreement is unenforceable, but the charges side of things does more for me rather than have a fight for 6 years with a DCA - The charges would pay the full value of the so called debt and also pay another couple of debts off as well.

Then they wonder why this country is in such a mess. Closing courts when there is already a huge backlog of cases. ICO taking a year or so to sort issues out. You are gonna have to change your name to wannabedebtfreesoonhopefullythiscentury

You need to send them the info that they need, the 40 days starts from when they are happy it is you that is the subject if it is a SAR. Once you provide the correct account number, then they have no excuses. If it is a CCA request, then it is 12+2 days.

Hi Slick If they refunded the full £4.7k then my account would be settled in full, with approx £2.7k owing to me in the form of a refund.

Any ideas on how to proceed now? Some of the unfair charges are over 6 years old, and I did ask for Contractual Interest in my letter. What would be the best way of continuing and telling Cap One that their offer is not good enough? Would I be best replying, saying that I would accept their offer in part settlement only and then giving them another 14 days to reconsider?